1. By way of this petition under Article 226/227 of the Constitution of India, the petitioners -Municipal Councilors of Himmatnagar Nagarpalika have prayed for an appropriate writ, order and/or directions quashing and setting aside the impugned judgement and order dtd.15/10/2009 passed by the appropriate authority under the Gujarat Provision For Disqualification of Members of Local Authorities For Defection Act, 1986 (hereinafter referred to as the Act for short) Commissioner of Information and Broadcasting, by which the respective petitioners are disqualified as Councilors of the Himmatnagar Nagarpalika under sec.3(1)(a) and 3(1)(b) of the Act. The respective petitioners have also challenged the provisions of Rule 10 of the Gujarat Provision For Disqualification of Members of Local Authorities For Defection Rules, 1987 (hereinafter referred to as the Rules for short) as inserted by the impugned notification dtd.13/2/2007 as ultra vires to provisions of Sec.8 of the Act.

2. Facts leading to the present Special Civil Application in nutshell are as under:-

3. All the petitioners are the Municipal Councilors of Himmatnagar Nagarpalika. The petitioners belong to National Political Party Bhartiya Janata Party and it is admitted position that all of them contested the election as Councilors of the Nagarpalika on the ticket of Bhartiya Janata Party. It appears that the term of the President of the Himmatnagar Nagarpalika was to expire on 8/5/2008 and therefore, the District Collector appointed the Deputy Collector, Himmatnagar by order dtd.28/4/2008 to preside over and to conduct the meeting on 8/6/2008 to hold the election of the President of the Himmatnagar Nagarpalika. It appears that even the Vice President of the Nagarpalika also tendered his resignation and therefore, the said office was also required to filled in by holding bye election. That the meeting of the Councilors was called and convened on 6/5/2008 by the District Collector, Himmatnagar at 11.00 a.m. at the Meeting Hall of Himmatnagar Nagarpalika. It is the case on behalf of the respective petitioners that in the said meeting the petitioner No.1 came to be elected as the President of the Himmatnagar Nagarpalika whereas one Ushaben Pradipkumar Patel was elected as Vice President of the Himmatnagar Nagarpalika. It appears that one Jayantibhai Devabhai Patel contested the election for the post of the President and he lost against petitioner No.1 by margin of 7 votes. It appears that the respondent No.4 herein filed a petition on 26/5/2008 for making a reference under the provisions of Rule 6 of the Rules before designated officer to disqualify the petitioners under the provisions of the Act by contending inter-alia that the respective petitioners have incurred disqualification under sec.3 of the Act. It was alleged and contended by the respondent No.4 that there was split issued by the leader of the President of the Sabarkantha District Bhartiya Janata Party i.e. one Pruthviraj Patel to the petitioners and all other Councilors belonging to Bhartiya Janata Party to cast their votes only in favour of Jayantibhai Devabhai Patel and dispute that the petitioners acted contrary to the mandate/whip and directions issued by the Bhartiya Janata Party i.e. the President of the Sabarkantha District Bhartiya Janata Party and therefore, they have incurred disqualification under sec.3(1)(b) of the Act. It was further alleged that even the respective petitioners have incurred disqualification under sec.3(1)(a) of the Act as the respective petitioners have voluntarily given up their membership of Bhartiya Janata Party. It appears that along with the said application on 26/5/2004 the respondent No.4 also presented list of documents under a Production Application together with the clarification inclusive of the affidavits of various persons/councilors inclusive of the affidavit of Pruthviraj Patel, President of the Sabarkantha District Bhartiya Janata Party in support of their